Assistant Commissioner of Income-tax, Circle - 7, Pune V. Krishna Haribhau Lohokare, Pune

ITA 1387/PUN/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6250 (ITAT-PUNE)
• Duration Of Justice: 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 30-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N ASHOK BABU
• Assessee Lawyers: VIPIN GUJRATHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE . , , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO . 1387 /PUN/201 8 / ASSESSMENT YEAR : 20 13 - 14 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 7 , PUNE ....... / APPELLANT / V/S. KRISHNA HARIBHAU LOHOKARE, FLAT NO. 20, UNITED APARTMENT, EAST STREET, CAMP, PUNE 411001 PAN : AAFPL4889D / RESPONDENT ASSESSEE BY : SHRI VIPIN GUJRATHI REVENUE BY : SHRI N. ASHOK BABU / DATE OF HEARING : 1 5 - 07 - 2019 / DATE OF PRONOUNCEMENT : 06 - 0 8 - 2019 / ORDER PER VIKAS AWASTHY, JM : TH IS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 8, PUNE DATED 10 - 05 - 2018 FOR THE ASSESSMENT YEAR 2013 - 14. 2 ITA NO . 1387/PUN/2018, A.Y. 2013 - 14 2. SHRI VIPIN GUJRATHI APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED AT THE OUTSET THAT THE SOLITARY ISSUE RAISED IN THE APPEAL BY THE REVENUE IS AGAINST DELETING THE ADDITION OF RS.4,05,98,192/ - ON ACCOUNT OF DISALLOWANCE OF DEDUCTION U/S. 80IB(10) O F THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). THE LD. AR SUBMITTED THAT THE ASSESSEE DEVELOPED A HOU SING PROJECT MAHAGANESH NAGARI SITUATED AT KESAV NAGAR, MUNDHWA, PUNE. THE ASSESSEE CLAIMED DEDUCTION U/S. 80IB(10) IN RESPECT OF THE SAID PROJECT. THE ASSESSING OFFICER DISALLOWED ASSESSEES CLAIM OF DEDUCTION ON THE GROUND THAT THE PROJECT WAS NOT CO MPLETE D WITHIN THE SPECIFIED TIME. THE LD. AR SUBMITTED THAT IN RESPECT OF SAME PROJECT THE ASSESSEES CLAIM OF DEDUCTION U/S. 80IB(10) WAS DISALLOWED BY THE ASSESSING OFFICER IN ASSESSMENT YEAR 2006 - 07. THE ASSESSEE CARRIED THE ISSUE IN APPEAL BEFORE THE TRIBU NAL IN ITA NO. 937/PN/2010. THE TRIBUNAL VIDE ORDER DATED 28 - 02 - 2013 HELD THAT THE ASSESSEE IS ELIGIBLE TO CLAIM DEDUCTION U/S. 80IB(10) OF THE ACT. THEREAFTER, IN THE ASSESSMENT YEARS 2008 - 09, 2009 - 10, 2010 - 11 AND 2011 - 12 THE COMMISSIONER OF INCOME TAX (APPEALS) GRANTED RELIEF TO THE ASSESSEE. THE DEPARTMENT CARRIED THE ISSUE IN APPEAL BEFORE THE TRIBUNAL IN ITA NOS. 56, 57, & 58/PUN/2015 AND ITA NO. 1733/PN/2013 FOR THE RESPECTIVE ASSESSMENT YEARS . THE TRIBUNAL DISMISSED THE AFORESAID APPEALS BY THE R EVENUE. THE ISSUE IN THE PRESENT APPEAL IS IDENTICAL TO THE ONE DECIDED BY THE TRIBUNAL. THE LD. AR FURNISHED ORDERS OF TRIBUNAL IN ASSESSEES OWN CASE IN PRECEDING ASSESSMENT YEARS. 3. SHRI N. ASHOK BABU REPRESENTING THE DEPARTMENT FAIRLY ADMITTED TH AT THE ASSESSEES CLAIM OF DEDUCTION U/S. 80IB(10) HAS BEEN CONSIDERED 3 ITA NO . 1387/PUN/2018, A.Y. 2013 - 14 BY THE TRIBUNAL IN ASSESSMENT YEARS 2006 - 07, 2008 - 09, 2009 - 10, 2010 - 11 AND 2011 - 12. THE LD. DR FURTHER SUBMITTED THAT THE REVENUE HAS FILED APPEAL BEFORE THE HONBLE HIGH COURT AGAINST THE DECISION OF TRIBUNAL. 4. BOTH SIDES HEARD. ORDERS OF THE AUTHORITIES BELOW PERUSED. THE SOLITARY ISSUE IN APPEAL BY THE REVENUE IS AGAINST THE ASSESSEES CLAIM OF DEDUCTION U/S. 80IB(10) OF THE ACT. THE COMMISSIONER OF INCOME TAX (APPEALS) GRANT ED RELIEF TO THE ASSESSEE BY FOLLOWING THE ORDERS OF TRIBUNAL IN ASSESSEES OWN CASE FOR PRECEDING ASSESSMENT YEARS. WE FIND THAT THE ASSESSING OFFICER HAS BEEN CONSISTENTLY DENYING THE BENEFIT OF DEDUCTION U/S. 80IB(10) ON THE HOUSING PROJECT DEVELOPED B Y THE ASSESSEE SINCE ASSESSMENT YEAR 2006 - 07. THE TRIBUNAL ALLOWED ASSESSEES CLAIM FOR THE FIRST TIME IN ITA NO. 937/PN/2010 (SUPRA). THEREAFTER, THE ASSESSEES CLAIM IN THE SUBSEQUENT ASSESSMENT YEAR HAS BEEN CONSISTENTLY ALLOWED BY THE COMMISSIONER OF INCOME TAX (APPEALS). IN EVERY ASSESSMENT YEAR THE REVENUE CARRIED THE MATTER IN APPEAL BEFORE THE TRIBUNAL. THE TRIBUNAL DISMISSED THE APPEAL S OF REVENUE FOR THE RESPECTIVE ASSESSMENT YEARS. IN THE PRESENT APPEAL, UNDISPUTEDLY, THE FACTS ARE IDENTICAL . NO FRESH MATERIAL IS BROUGHT TO OUR NOTICE TO TAKE A DIVERGENT VIEW. MERE FILING OF APPEAL BEFORE THE HONBLE HIGH COURT AGAINST THE ORDER OF TRIBUNAL DOES NOT CHANGE THE SITUATION UNLESS THE ORDER OF TRIBUNAL IS STAYED OR REVERSED BY SUPERIOR APPELLAT E AUTHORITY. FOR THE PARITY OF REASONS GIVEN IN THE EARLIER ASSESSMENT YEARS, THE APPEAL OF REVENUE IS LIABLE TO BE DISMISSED. WE FIND NO INFIRMITY IN THE IMPUGNED ORDER AND THE SAME IS UPHELD AND THE APPEAL OF REVENUE IS DISMISSED. 4 ITA NO . 1387/PUN/2018, A.Y. 2013 - 14 5. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED ON TUESDAY, THE 06 TH DAY OF AUGUST, 2019. SD/ - SD/ - ( . /D. KARUNAKARA RAO ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 06 TH AUGUST, 2019 RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 8, PUNE 4. THE PR. COMMISSIONER OF INCOME TAX - 4 , PUNE 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. // // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE